36 CFR 242.20 – Request for reconsideration
(a) Regulations in subparts C and D of this part published in the
Terms Used In 36 CFR 242.20
- Allegation: something that someone says happened.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Any aggrieved person may file a request for reconsideration with the Board.
(c) To file a request for reconsideration, you must notify the Board in writing within sixty (60) days of the effective date or date of publication of the notice, whichever is earlier, for which reconsideration is requested.
(d) It is your responsibility to provide the Board with sufficient narrative evidence and argument to show why the action by the Board should be reconsidered. The Board will accept a request for reconsideration only if it is based upon information not previously considered by the Board, demonstrates that the existing information used by the Board is incorrect, or demonstrates that the Board’s interpretation of information, applicable law, or regulation is in error or contrary to existing law. You must include the following information in your request for reconsideration:
(1) Your name, and mailing address;
(2) The action which you request be reconsidered and the date of
(3) A detailed statement of how you are adversely affected by the action;
(4) A detailed statement of the facts of the dispute, the issues raised by the request, and specific references to any law, regulation, or policy that you believe to be violated and your reason for such allegation;
(5) A statement of how you would like the action changed.
(e) Upon receipt of a request for reconsideration, the Board shall transmit a copy of such request to any appropriate Regional Council and the Alaska Department of Fish and Game (ADFG) for review and recommendation. The Board shall consider any Regional Council and ADFG recommendations in making a final decision.
(f) If the request is justified, the Board shall implement a final decision on a request for reconsideration after compliance with 5 U.S.C. §§ 551–559 (APA).
(g) If the request is denied, the decision of the Board represents the final administrative action.